‘This study is about the impacts of strategic litigation on equal access to quality education in Brazil, India, and South Africa. It is intended to look beyond strategic litigation solely as a means to ensure equal access to education, and to examine the use and effectiveness of strategic litigation in advancing education quality once access is won. This study is the second in a series of four thematic studies undertaken by the Open Society Justice Initiative and independent experts in 2014-2016 to interrogate the impacts of strategic litigation as a catalyst for social change.’

This High Court case deals with the constitutional obligation of the South African government to promote basic education by securing timely appointment and funding of educators at all public schools.  

In South Africa, SECTION27 has used rights-based strategies, including litigation, to hold the state accountable for not ensuring the procurement and delivery of textbooks to schools across Limpopo, a poor rural area of the country.

This case involves the interpretation of the scope of the constitutional right in South Africa to basic education and in particular whether the provision of school textbooks to all basic education learners for the whole academic year is an essential component of this right.